Takeaway: During the interactive process, an employer must consider potential reasonable accommodations beyond what the employee proposes in order to fulfill its obligation to provide the employee with a reasonable accommodation. Notwithstanding... Read more »
Takeaway: An employee who was fired after she requested two weeks off to recover from surgery was not disabled, and so her employer did not violate the California Fair Employment and Housing... Read more »
The U.S. Supreme Court recently put an end to a delivery driver’s case against UPS for allegedly denying him disability accommodations that he requested. On Nov. 6, the court declined to hear the... Read more »
Takeaway: Suspicious timing can be an essential element of a discrimination or retaliation claim, but the temporal proximity of an equal employment opportunity protected activity and a materially adverse employment action does... Read more »
A former Texas state trooper recently won a $2.4 million verdict in his lawsuit alleging the Texas Highway Patrol failed to accommodate a disability he sustained during military service. On Sept. 29,... Read more »
Julia Beck’s career was thriving when she nearly lost her life. Thirty years ago, Beck was in her 20s and had just launched her first media consulting agency in McLean, Va. Her... Read more »
Potential leave entitlement doesn’t end with the exhaustion of 12 weeks of leave under the Family and Medical Leave Act (FMLA) but may be extended for a specified period of time under... Read more »
Takeaway: Because of technological advances and the COVID-19 pandemic, determining whether in-person attendance is an essential function of a specific job has become much more of a case-specific inquiry. A radiology department... Read more »
Takeaway: Equal Employment Opportunity Commission guidance instructs that the Americans with Disabilities Act (ADA) may protect an employee with alcoholism—one able to perform the essential job functions, with or without an accommodation,... Read more »
Takeaway: This decision underscores the fact that the employer retains ultimate discretion in choosing among reasonable accommodations. Providing additional unpaid leave for necessary treatment in some circumstances should not be overlooked when... Read more »